Terms of reference
Conduct of Inquiry
Responses by some Churches and agencies to Forgotten AustraliansAnglican Church
Australian Catholic Bishops Conference
Benevolent Society
Uniting Church in Australia
Further information on matters discussed in Forgotten AustraliansLegacy homes and repatriation wards
Statutes of limitation
Mothers and children in institutional care
Recruitment into religious orders
Experimentation on children in care
Perspectives of institutional and out-of-home care
Recent reports on the care and protection of children in out-of-home
care
NSW - Care and support: final report on child protection services
South Australia - Our best investment: A state plan to
protect and advance the interests of children
South Australia – Children in State Care: Commission of Inquiry
Queensland - Abuse of Children in Queensland Institutions
Queensland - Protecting Children: An inquiry into abuse of children in
foster care
ACT - The rights, interests and well-being of children and young people
ACT - The Territory as Parent
Tasmania - Review of claims of abuse from adults in state care as
children
Western Australia - Gordon Inquiry re Family Violence and Child Abuse in
Aboriginal
Communities
Summary
Conclusion

Introduction
Legal and government framework for child protection
Commonwealth's role in child protection
Family Law
International agreements and treaties
Funding of programs
State and Territory child protection
Conclusion
Child protection processes
Notifications, investigations, substantiations, mandatory reporting
Number of notifications and substantiations of child
abuse
Care and protection orders
Numbers of children on care and protection orders –
Australia
Mandatory reporting
Government funding – care and protection of children
Conclusion
Children's commissioners, children's advocates, children's
guardians, etc
State and Territory children's commissioners
New South Wales
Queensland
Tasmania
Victoria
South Australia
Australian Capital Territory
Western Australia
Children's guardians and other offices
Children's guardian - New South Wales
Guardian for children and young people – South
Australia
Advocate for Children in Care - Victoria
Office of the Public Advocate – Queensland
Office of the Adult Guardian – Queensland
Office of the Community Advocate – Australian Capital
Territory
Commonwealth, State and Territory Ombudsman Offices
New South Wales
Australian Capital Territory
Comment on the operation of some offices
Government and non-government child protection services
Early intervention to assist families, children and young people
Commonwealth Government programs and services
State and Territory Government and non-government programs and services
Effectiveness of programs and services
Conclusion
National approach
Practical division of responsibilities
National legislation
National Plan for Foster Children, Young People and their Carers
National Framework for Preventing Family Violence and Child Abuse in
Indigenous
Communities
A national commissioner for children and young people
Conclusion

Introduction
Moves from children's institutional care to foster care
Contemporary out-of-home care
Types of out-of-home care
Conduct of out-of-home care
Numbers and characteristics of children in out-of-home care
Reasons why children enter out-of-home care
Issues facing out-of-home care
Systems decisions that affect children
Input by children
Children with high-care needs
High costs of care for children with emotional or
behavioural problems
Abuse and treatment of children in foster care
Multiple placements
Indigenous children
Children returning from out-of-home care to abusive situations
Children and young people leaving foster or out-of-home care
Conclusion

Introduction
Caregivers
Number of caregivers
Foster parents – support for, recruitment, retention, training
Foster care payments
Departmental staff and foster carer contact
Ratio of workers to numbers of children in care
Checks and monitoring of staff working with children and young
people
Monitoring of staff/following up allegations – out-of-home care
Governments' laws and policies – accreditation and screening
Effectiveness of screening processes
Allegations of abuse against foster carers
Conclusion

Introduction
Children and young people with disabilities
Types of disability
Accommodation options
Permanency planning
Numbers of children and young people with disabilities
Legislative and government framework – for children and young people
with disabilities
Anti discrimination legislation
CSTDA and associated legislation and policies
United Nations Convention on the Rights of the Child
State and territory disability departments' programs
Issues raised in the inquiry
Standards and laws in practice
Problems with deinstitutionalisation
Family care (permanency planning) versus institutional care
After-care options and assistance
Measures to support deinstitutionalisation and permanency planning
Non-government and government assistance measures
Funding and income supports for children with
disabilities
Need for apology to children and young people with
disabilities
Initiatives suggested by organisations
Vulnerability of children and young people with disabilities
Examples of abuse in care
Conclusion
Need for family support and assistance
Consideration of legislative and policy issues
Deinstitutionalisation assistance

Chapter 6 - Children and young
people in juvenile justice and detention centres

Children and young people in
juvenile justice centres
Legislative framework
Children and young people in the juvenile justice system
Numbers and background of children and young people in
detention
Experiences of children and young people prior to
detention
Indigenous children and young people in juvenile
justice centres
Children and young people with disabilities in juvenile
justice centres
Longer term health issues
Treatment of children and young people in detention
Experiences of children and young people in detention
Prevention and support measures for children and young people
Intervention Programs
Diversionary, restorative justice and conferencing
programs
Restorative justice and conferencing - effectiveness
Conclusion
Children and young people in immigrant detention centres